Bankruptcy Chapter 7 vs 13: Differences, Costs and Lawyer Fees

Bankruptcy Chapter 7 vs 13 comes down to this: Chapter 7 sells nonexempt property to pay creditors and wipes out most remaining debt in a few months, while Chapter 13 lets you keep your property and pay part of your debts through a court plan over three to five years. Which one you can use depends on your income, your debts and what you want to protect, such as a house behind on payments.

	Chapter 7	Chapter 13
How it works	A trustee sells nonexempt property; most debts are discharged	You keep property and pay creditors through a plan
Who qualifies	Income passes the means test	Regular income, and debts under the limits
Debt limits	None	Under $526,700 unsecured and $1,580,125 secured
How long	A few months	3 years if income is below your state's median, generally 5 if above
Saves a house in foreclosure	Not by itself	Yes, missed payments can be caught up in the plan
Court fees	$335 ($245 filing, $75 administrative, $15 trustee)	$310 ($235 filing, $75 administrative)
Lawyer's fee	Usually paid before filing	Often paid partly through the plan

Fees and debt limits are from the U.S. Courts' Bankruptcy Basics pages, and the plan length from 11 U.S.C. § 1322(d). We checked them on November 7, 2026. The limits change periodically.

Estimate the cost

Put in the lawyer's flat fee and the court fee for your chapter. The defaults use a Chapter 7 example.

The default is a $1,500 flat fee plus the $335 Chapter 7 court fee, $1,835 in all, before the two required courses. For Chapter 13, change the court fee to $310 and put in the lawyer's quote, which is usually higher because the case lasts years.

The means test

Chapter 7 is meant for people who can't repay. The means test compares your income with your state's median and, if it's higher, checks what's left after allowed expenses. Abuse is presumed if that leftover amount over 5 years would reach certain levels, which the U.S. Courts page lists as the lesser of 25% of your nonpriority unsecured debt (but at least $10,275) or $17,150. If you don't pass, Chapter 13 is usually the option.

How often you can file

• Chapter 7 after Chapter 7: no discharge if you got one in a case filed within the previous 8 years (11 U.S.C. § 727(a)(8)).
• Chapter 13 after Chapter 7: no discharge if the earlier case was filed within 4 years (11 U.S.C. § 1328(f)(1)).
• Chapter 13 after Chapter 13: 2 years (§ 1328(f)(2)).

A bankruptcy can stay on your credit report for up to 10 years from the order for relief (15 U.S.C. § 1681c(a)(1)).

Bankruptcy attorney fees

Most Chapter 7 lawyers charge a flat fee paid before filing, since debts owed to the lawyer could otherwise be discharged too. Chapter 13 lawyers often take part of the fee up front and the rest through the plan, and many courts set a standard fee they'll approve without a detailed bill. Either way, the fee is disclosed to the court, which can review it.

Questions to ask a bankruptcy lawyer

1. Do I pass the means test, and with what numbers?
2. Which of my property is exempt in my state?
3. What's your fee for each chapter, and what's included?
4. If I'm behind on my mortgage or car, which chapter protects them?
5. Which debts won't be discharged, such as most student loans, recent taxes or support?